IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Bw Legal Letter of Claim

RazBurley
RazBurley Posts: 9
First Anniversary
Forumite
edited 9 August 2018 at 11:52PM in Parking tickets, fines & parking
Hi, I need some advise about a letter of claim we received from Bwlegal. We have received a PCN from National Car Park in March 2018 for parking without payment of parking charge which we received by post. It was pay and display before but then they installed ANR cameras which we never knew. The driver parked there for less than 30 minutes. My wife is the registered keeper but she was not driving. We never paid and ignored all the letter so for but now we have received a letter of claim from BWLegal and asking us to pay the amount which is now £160 otherwise they will commence a legal action in form of issuing a claim against my wife in county court without any further notice. They have also included on the letter an estimated claim amount which is several hundred pounds. Also enclosed with the letter is information sheet, Reply Form and income and expenditure form. I have tried to insert link of photo of the letter but as new user i am not allowed to post any links:sad:. Can somebody please advice what to do next?

Thanks in advance
«1

Comments

  • one more thing to add the car was registered on my wife's parents address but now we have changed the address but still getting the letter from her parents.
  • clairey262
    clairey262 Posts: 46 Forumite
    I am following this because I have basically the same story: ANR camera caught me 2 mins later than my ticket allowed. Appealed and it got refused as expected, I!!!8217;ve since ignored all the letters from NCP as advised but today I also received a letter from BW Legal saying the same. !!!55358;!!!56596;
  • KeithP
    KeithP Posts: 37,430
    Name Dropper First Post First Anniversary
    Forumite
    edited 10 August 2018 at 11:10AM
    xxx wrote: »
    Hi, I need some advise about a letter of claim we received from Bwlegal. We have received a PCN from National Car Park in March 2018 for parking without payment of parking charge which we received by post. It was pay and display before but then they installed ANR cameras which we never knew. We parked there for less than 30 minutes. My wife is the registered keeper but she was not driving but was in the car. We never paid and ignored all the letter so for but now we have received a letter of claim from BWLegal and asking us to pay the amount which is now £160 before 30/08/2018 otherwise they will commence a legal action in form of issuing a claim against my wife in county court without any further notice. They have also included on the letter an estimated claim amount which is £239.91. Also enclosed with the letter is information sheet, Reply Form and income and expenditure form. I have tried to insert link of photo of the letter but as new user i am not allowed to post any links:sad:. Can somebody please advice what to do next?

    Thanks in advance
    Firstly, if you have used you real name as your forum username, then best you get it changed to something more anonymous.

    To do that, read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:
    Q. How can I change my username?

    A.
    In most circumstances, this is not permitted.

    The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

    You now need to read post #2 of the NEWBIES FAQ sticky thread where you will find guidance on how to respond to BWL's Letter of Claim.

    xxx wrote: »
    one more thing to add the car was registered on my wife's parents address but now we have changed the address but still getting the letter from her parents.
    They can only get the keeper details once from the DVLA, so if the RK's address has changed since their enquiry they will not know about it.
    You need to advise BWL and NCP in writing about the RK's current address for service otherwise you may risk getting a County Court Judgment against you without getting the opportunity to defend.
  • clairey262
    clairey262 Posts: 46 Forumite
    Sorry trying to find my original thread, not v good at this.
  • Quentin
    Quentin Posts: 40,405 Forumite
    @clairey


    You need to post this in your own thread and not hijack someone else's like this


    Copy and paste the above into your thread and delete it from here
  • @KeithP, thanks for your reply and sorry I was away so could not check. I will request my user name to be more anonymous. I have read the post 2 of thread you mentioned and shall i just write following Or can we just ask her parents to return the letter back to sender saying ''does not live here anymore'' ? We did not reply to any of the letters before.

    Your Ref:xxxxxxxxxxx

    Dear Sirs,

    I am in receipt of your Letter Before Claim of (date).
    Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

    Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

    Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

    As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter (and your client, as a serial litigator of small claims, should likewise be aware of them). As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

    Nobody, including your client, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

    I require your client to comply with its obligations by sending me the following information/documents:

    1. an explanation of the cause of action
    2. whether they are pursuing me as driver or keeper
    3. whether they are relying on the provisions of Schedule 4 of POFA 2012
    4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
    5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
    6. Is the claim for trespass? If so, provide details.
    7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 !!!8220;establishing yourself as the creditor!!!8221;
    8. a plan showing where any signs were displayed
    9. details of the signs displayed (size of sign, size of font, height at which displayed)
    10. Provide details of the original charge, and detail any interest and administrative or other charges added
    11. Provide a copy of the Information Sheet and the Reply Form


    If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

    Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


    Yours faithfully


    Thanks
  • Quentin
    Quentin Posts: 40,405 Forumite
    It's really important for you to ensure they have your new address.

    Otherwise you risk a default ccj turning up because you missed court correspondence
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Quentin wrote: »
    It's really important for you to ensure they have your new address.

    Otherwise you risk a default ccj turning up because you missed court correspondence
    Hi Quentin, We still get the letters from her parents so should be ok if we get a letter from court. Can you please advise if the above reply is fine as we never replied to any letter from NCP or any debt recovery company. Many Thanks
  • The_Deep wrote: »
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    The Deep, yes this is getting ridicules and specially with the increased used of ANPR cameras you never know when you will get an parking charge and its effecting everyday life as everywhere there are these private companies looking for drivers. It definitely needs to be regulated. Do you have a sample letter which you would like to share which we can send to our MPs? Many Thanks
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards